Company Asks For Drug Test While Zero HOS Left

Topic 23820 | Page 1

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Anttjuan R.'s Comment
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Hello, I'm just wondering if the company is allowed to ask you for a drug test while you still don't have on-duty hours left. I was in the sleeper for less than 8 hours when they called me and said I must go to such and such a place for a drug test now. I have a codriver, so it was he who was to take me directly. I understand that by the time we would get there, I would have gotten 8 hours on sleeper already. But my question is if they can just call about work related stuff like this while you're technically not suppose to be working. My phone was on silent so they called my codriver instead and had him awake me about this to have me call them. It obviously bothered me a bit because I always like to get my full rest before my next shift. Can they really interrupt your sleep like this that you're legally entitled to? Or am I wrong about the "legally entitled" to part? Thanks.

Old School's Comment
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Anttjuan R, you forget one little part of this equation. They are "legally entitled," even legally bound and required by D.O.T. to drug test you at random. They have to turn in monthly reports indicating the percentage of their drivers that have been drug tested. This is sometimes a big deal if they go through a D.O.T. audit. It doesn't matter what your duty status is. Oh, it may be inconvenient, but it's certainly legal.

Also, I hope you know to never refuse a D.O.T. drug test. Refusing a drug test is the kiss of death to your trucking career.

Old School's Comment
member avatar

One more thing here. I would much rather give up a little sleeping time, than for them to pull me in from the road and rob me of my 14 or 70 hour clocks. They treated you right - they didn't try to mess with your ability to be producing income. Chill out man! This is probably the first and last time this scenario will happen to you.

Anttjuan R.'s Comment
member avatar

I'm confident I'll pass so I'm not worried about that. What I'm pretty sure of though is that you must log yourself on-duty when doing a drug test. So let's say I've used up all my on-duty hours and they want me to do a drug test. I must therefore go on-duty with no HOS left. If later on during an inpection they want to look at my logs and they see I was on-duty when I had no on-duty hours left, won't that count as an HOS violation?

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
G-Town's Comment
member avatar

Anttjuan you can be on-duty not driving indefinitely. Not driving is the key status to understand here and how it applies to your clicks.

Both the daily and weekly clocks are designed to prohibit you from driving beyond 14 hours per day without 10 consecutive hours in sleeper and/ or off-duty and 70 hours per 7 day period without a 34 hour reset.

So yes you might loose a few hours, but you’ll still have a job.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Anttjuan R.'s Comment
member avatar

Okay thanks. That answers my question. I still find it crazy though how you can technically be on-duty forever. So if they want to work you to death, then they can as long as you're not driving. That part I never understood. But it is what it is I guess.

Old School's Comment
member avatar

You seem to be splitting hairs unnecessarily. I wouldn't have given it a second thought. If I needed 8 hours on line 2 (sleeper berth), I would have gone in, pee'd in their cup, and went right back to what I was doing before they disturbed me.

Have you never taken care of any of your job responsibilities while in the sleeper? You know, things like trip planning or filling out some information on a trip sheet? Nobody's gonna give you a log violation for something like that. You sound just slightly paranoid that your company may be looking for a way to get rid of you. Is there anything else we need to know about so that we can help you?

If you are doing a great job, turning big miles, and are easy to work with, then you have nothing to be concerned about.

Sleeper Berth:

The portion of the tractor behind the seats which acts as the "living space" for the driver. It generally contains a bed (or bunk beds), cabinets, lights, temperature control knobs, and 12 volt plugs for power.

G-Town's Comment
member avatar

Okay thanks. That answers my question. I still find it crazy though how you can technically be on-duty forever. So if they want to work you to death, then they can as long as you're not driving. That part I never understood. But it is what it is I guess.

How long have you been doing this?

The only way you make money for your company is to be moving, turning miles. It’s in neither the company’s best interest or your’s to be in-duty for a prolonged period of time.

Understand what Old School replied with. Take care of your business.

Anttjuan R.'s Comment
member avatar

@Old School I am not paranoid. My question was mostly about what the rules are rather than what would you do. I guess I have to realize when asking these questions that some drivers would probably drive beyond their limited hours if they can or if the law allowed it. I am more so the opposite in that I prefer to get good rest, eat well, exercise, and be more balanced overall, even at the cost of missing out on "big bucks." Therefore I want to know what the regulations are and use them to my advantage in the case that one day some company wants me to do things that are unreasonable. So far, my company have indeed treated me fairly for years and I am very content with them and as far as I know, I am also in good standing with them.

Anttjuan R.'s Comment
member avatar

@G-Town I've been doing this for 4 years. I understand what you're saying. Thanks for your input.

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